Research On The Examination Of Physical Evidence In Wrongful Criminal Case

There are some problems that cannot be ignored in the examination of material evidence in the miscarriage of justice.Through the study of 36 criminal misjudgment cases,It is found that there are fourteen specific problems in the material evidence examination of criminal misjudgment cases from six aspects,such as neglect of the review of the process of extraction and custody,unreasonable comprehensive analysis and judgment of material evidence,and neglect of innocent evidence.In addition to the problems that judicial personnel do not want to,will not,dare to,there are still many imperfections in the Chinese material evidence review system.In order to solve the above problems,the judicial organs are required to update their ideas,and the academic community is also required to strengthen the empirical research on material evidence review and other issues.The focus is to constantly summarize the specific content of material evidence review in different cases from the perspective of preventing wrong cases,and strive to form a consensus that all circles attach importance to material evidence review and review material evidence with high quality.At the same time,we should constantly improve the material evidence review system to provide a system guarantee for the justice of judicial organs.First,it is suggested to establish "full life cycle" archives of physical evidence,and improve the rules for reviewing "full life cycle" archives,that is,to conduct a full life cycle and comprehensive review of the extraction,storage,transportation conditions,identification and identification of physical evidence.Second,to improve the rules of missing evidence review and judgment,it is suggested to adopt such rules: "There is no material evidence that may be beneficial to the defendant in the file,the defendant and his defense request review and judgment,the judicial organ should support;Where there is evidence to prove that evidence in favor of the defendant once existed but is currently absent,and the case handling organ cannot give a reasonable explanation for the absence,the judicial organ shall make a judgment in favor of the defendant." Thirdly,for wrongful cases with obvious innocent material evidence,it is suggested that judicial personnel should be investigated by the principle of "who is at fault,who is responsible",and compensation organs should be determined by the principle of "who decides who is responsible".